Judgment

PALEKAR J.:- This appeal by special leave against the decision of the appellate Bench of the Allahabad High Court involves the question of the legality and validity of an order dated 12th May, 1965 passed by the State Government purporting to act under Section 34 (1-B) of the Uttar Pradesh Municipalities Act, 1916 (hereinafter referred to as "the Act"). The impugned order is as follows:-

"U. P. Government

Department of Municipal Board,

Serial No. 1725 GI IIP 1964/64 12-5-65.

NOTIFICATION

The then Executive Officer of Municipal Board, Kannauj dismissed 74 sweepers of Municipal Board Kannauj from 9th April, 1964 under Section 76 of U. P. Municipalities Act, 1916.

The dismissal of the above sweepers was illegal and improper because the procedure prescribed in R. 5 of the Uttar Pradesh Municipal Karamchari (Janch, Dand Tatha Seva Sampati) Niyamawali (U. P. Municipal Boards Servants (Enquiry, Punishment and Termination of Service Rules) was not followed and they were not given any opportunity of being heard and the opinion of the State Government is that the above order of 9th April, 1964 by the present Executive Officer Municipal Board Kannauj is adverse to public interest and the